North Dakota AG: Man in Same-Sex Marriage Elsewhere is Free to Marry a Woman in North Dakota

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North Dakota AG: Man in Same-Sex Marriage Elsewhere is Free to Marry a Woman in North Dakota

North Dakota's Attorney General, Wayne Stenehjem, expressed an opinion on 12 December that a man who is married to a man in a state which permits such relationships is free to marry a woman in North Dakota without violating any state laws.

The situation arises, of course, because ND does not recognize gay marriages. Because the gay marriage is not recognized legally, the partners are not committing bigamy by obtaining a concomitant straight marriage in ND. Moreover, because ND will not grant a divorce to gay married partners, the state provides no legal mechanism for terminating a same-sex marriage obtained elsewhere and freeing the partners to pursue other relationships.

Stenehjem issued the opinion in response to a real inquiry. In September, a man giving only his first name called Burleigh County Recorder Debbie Kroshus and asked if he could marry a woman there even if he was married to a man in another state. Kroshus did not attempt to identify the man or determine if he really held a legal (gay) marriage certificate from another state. Nor does she have any way of knowing if the man has applied for a marriage license in her county. She referred the question on to attorney general Stenehjem, however, who issued his opinion on 12 December.

Re: North Dakota AG: Man in Same-Sex Marriage Elsewhere is Free to Marry a Woman in North Dakota

The AG seems to have overlooked the "full faith and credit" part of the Constitution. North Dakota would recognize a male/female marriage even if it didn't meet the issuing requirements of ND. Logic dictates it should recognize the out of state same sex marriage because it was legal in the issuing state but not meeting the issuing requirements of ND.

Re: North Dakota AG: Man in Same-Sex Marriage Elsewhere is Free to Marry a Woman in North Dakota

Originally Posted by Alnitak

I also doubt the federal govt would recognize the second one either.

So far as I am aware, the federal government has no guidelines on how to proceed with such a situation. While logic might dictate the feds recognizing the first marriage, I doubt that there is a mechanism for the federal government for identifying multiple marriages.

But the situation has implications beyond the federal government, of course. Married partners are frequently entitled to spousal benefits by employers. The employer of a man married to a woman in the second state would presumably be obligated to recognize the second (heterosexual) marriage, since state law prohibits recognition of the first marriage.

But if the bigamist is also employed in the first state, his employer there might be obligated to provide benefits to both spouses, since both marriages are legal.

Originally Posted by palbert

The AG seems to have overlooked the "full faith and credit" part of the Constitution. North Dakota would recognize a male/female marriage even if it didn't meet the issuing requirements of ND. Logic dictates it should recognize the out of state same sex marriage because it was legal in the issuing state but not meeting the issuing requirements of ND.

Logic may dictate that, but North Dakota's constitutional amendment against same sex marriage prohibits it also from recognizing same sex marriages sanctioned by other states. I believe that is common with these anti-gay state constitutional amendments.

So, North Dakota's situation is the routine, not the exception.

We have a similar situation in Ohio. Ohio prohibits marriage between first cousins, but it recognizes such marriages which have been sanctioned by other states. Ohio's constitution prohibits recognition of same sex marriages performed in other states, however.

Re: North Dakota AG: Man in Same-Sex Marriage Elsewhere is Free to Marry a Woman in North Dakota

One more reason to just get government out of the marriage business. If people agree to a chain marriage, let them.

"Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

Re: North Dakota AG: Man in Same-Sex Marriage Elsewhere is Free to Marry a Woman in North Dakota

Originally Posted by Alnitak

My county has no Sunday liquor sales, yet Baltimore County is one of the most liberal counties in a liberal state.

It's not just liquor sales, it wasn't until 1991 that North Dakota allowed any stores to be open on Sunday. Even now stores can't be open until Noon on Sunday, including supermarkets, Target, anything.... even drugstores. The lawmaker's reasons for this is "so the employees can go worship". Relaxing their strict blue laws created an uproar from the religious right. When they first allowed Sunday store openings there were items you could buy and items you couldn't buy. If you went into Target you could buy a pair of jeans but not a hammer. It was weird. Sections of stores were closed off. Apparently hammers were sinful or something like that.

North Dakota has a lot of backwards laws based solely on religion so don't expect marriage equality to happen there any time soon.